Blended families — the hidden risk of “simple” wills
Short version: If you’re a blended family, leaving everything to the survivor can quietly erase the 50/50 promise to both sets of children. A trust-based plan—with pour-over wills—keeps care now and fairness later.
A true-to-life example (names changed)
John and Jill had a blended family. Years ago, they set up a family trust. Their wills left everything to the trust. The trust’s job was simple:
While either of them was alive: pay for their comfort—home costs, medical care, travel, a reliable car.
After both had died: split whatever remained 50% to John’s children and 50% to Jill’s children, equal shares within each side.
It worked. Until they “simplified.”
On new advice, they changed their wills so that when one died, everything went to the survivor personally, and when the survivor died, everything went to that survivor’s own children. They also wound up the trust.
John died first. Jill inherited all of John’s assets outright.
Five years later, Jill moved into a rest home. Over time, the inheritance John left her was assessed and used toward care costs.
When Jill died five years after that, her will left everything to her children.
John’s children received nothing. The 50/50 promise had quietly vanished.
Why this happens
No guardrails: When assets move into the survivor’s personal name, the survivor’s will controls everything (and can change).
Means testing: Assets owned personally are assessed for residential care. A trust—run properly—can be far less exposed.
Life drift: Even with the best intentions, documents don’t get updated or new relationships create claims the trust could have resisted.
The safer design (still simple)
Keep pour-over wills that leave the estate to your trust.
Use a tailored Trust deed and Memorandum of Wishes (not a template) to:
spell out generous support for the survivor (comfort, dignity, flexibility), and
lock in the branch split (e.g., 50% to one set of children, 50% to the other).
If you want the survivor to receive some items directly, gift specific chattels or a modest cash allowance; keep the residue flowing to the trust to preserve protection and fairness.
What to do now
If you’re a blended family and your wills say “everything to my partner,” pause.
Review your trust and wills. In many cases, you can keep care for the survivor and keep the 50/50 promise.
Want the broader context first? Read: Why you shouldn’t wind up your trust without expert advice.
Ready to tidy this up? We’ll review your deed, wills, and wishes and give you clear options—update, simplify, or, if appropriate, wind up safely (with eyes open).
